CHARLESTON, WV (WOWK) — A lawsuit has been filed against a former elementary school teacher and the Kanawha County Board of Education.

The lawsuit filed this week by the parents of a special needs student at Holz Elementary stems from alleged abuse back in September.

Craig Bowden is the father of 9-year-old Trenton, a special needs student.

On September 22nd, Trenton, who suffers from Pachygyria, Schizencephaly, and Cerebral Palsy allegedly suffered physical and verbal abuse at the hands of school teacher Nancy Boggs, when she allegedly slapped him in the chest and face for not answering her questions.

“And then Trenton called out, ‘I want my daddy, and Boggs said ‘your daddy is not coming, he’s not allowed in here, daddy’s not going to help you,'” said Bowden.

Bowden says Boggs then called Trenton a ‘baby’ for crying, and walked over to a partition in the corner of the room and asked him if he wanted to be on time-out and pointed to a little girl who had been behind the partition for an extensive period of time.

The Kanawha County School District told Bowden and his wife the next day that there had been an incident involving their son and that Boggs had been suspended.

Still, Bowden says watching the video footage brought him and his wife to tears.

“Special needs children, they handle abuse differently, they have trouble understanding behavior as wrong,” he said.

“Special needs children, they handle abuse differently, they have trouble understanding behavior as wrong.”

Craig bowden

Bowden says they filed the lawsuit because they lost trust in Kanawha County Schools.

The lawsuit alleges the school district did not provide their son with a full-time aide, like he’s supposed to have, and that the district was slow in reviewing previous video footage to see if there had been any other incidents in Boggs’s classroom like they said they would.

“Three weeks after the incident occurred they were still trying to merge the video with the audio which I think is ridiculous,” he said.

Bowden also says the school district’s general counsel had told them they had enough evidence to promptly fire Boggs, instead, she was able to retire.

“Obviously they didn’t put any energy into that because she retired on November 1st and they didn’t have to accept her resignation, they could’ve said ‘no, you’re fired,'” he said.

Attempts to locate Ms. Boggs by 13 News on Friday were unsuccessful.

Kanawha County Schools said they could not comment on ongoing litigation.

In a statement to 13 News they wrote: “Ms. Boggs is no longer employed by KCS. She resigned and is seeking her retirement. Her last day in the classroom was September 23rd, the day that the alleged abuse was discovered by school personnel and reported by school administration to CPS and law enforcement. We have cooperated with law enforcement and CPS since reporting the incidents to make sure they have access to all camera footage that is available for that classroom.”